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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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This Practice Note examines when litigants in person ( LIPs) may appear and advocate for themselves at trial and at other hearings. It also covers support for LIPs by Mc Kenzie friends, how companies might be represented by employees or Mc Kenzie friends, and the particular rules governing LIP representation on the small claims track. It provides guidance on interpreting and applying the relevant CPR provisions. Depending on the court dealing with your case, you may need to consider additional requirements—see: Court specific guidance. For further material on litigants in person, see: Parties and their representatives—overview. Rights of audience Rights of audience are regulated by Part 3 of the Legal Services Act 2007 ( LSA 2007). A litigant in person, as a party to the proceedings, holds rights of audience in that case and may represent themselves at trial and in other hearings ( LSA 2007, s 19 and...
For an at‑a‑glance, high‑level outline of the civil court structure and hierarchy in England and Wales, see: Courts and Tribunals Judiciary— Structure of Courts and Tribunals System. Several civil courts issue a court guide explaining how business in that court should be managed, which operates alongside, and in addition to, further guidance given in the Civil Procedure Rules ( CPR). For further details, see Practice Note: Court guides and other guidance. For information on: claims that must be brought and issued in the County Court, see Practice Note: Starting civil claims in the County Court commencing a claim under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims) High Court or the County Court? Whether proceedings ought to be issued in the High Court or the County Court is, in the main,...
Effective preparation of bundles Meticulous bundle preparation underpins a calm, efficient hearing and is something practitioners should keep firmly in view as part of their overall work for any hearing. This Practice Note offers a guide to creating and deploying electronic bundles (or e-bundles) in civil proceedings in England and Wales. It sets out practical pointers on the interface between digital case management and e-bundles, the varieties of electronic bundle, judicial expectations when assembling electronic bundles, guidance in the Civil Procedure Rules ( CPR) on preparing bundles, effective methods for preparing and using electronic bundles, and the benefits and drawbacks of using electronic bundles. It also surveys widely applicable tools to consider when collating evidence and other documentation electronically. For general guidance on preparing a bundle for: trial—see Practice Note: Preparing trial bundles an interim application—see Practice Note: Preparing for an application hearing—...
Introduction This Practice Note sets out the relevant law and procedure when a party dies either during a personal injury action or before proceedings are issued. It addresses: the statutory and common law foundations allowing personal injury claims to continue after the death of a claimant or defendant limitation the categories of loss recoverable by a claimant’s estate the practical measures required depending on whether the deceased was the claimant or the defendant, including: confirming the correct parties and whether Personal Representatives have been appointed client care and funding considerations managing evidence, including Civil Evidence Act notices payments into court how the low-value claims protocols apply This Practice Note does not deal with...
This Practice Note reviews electronic working (e-working), electronic communications and electronic filing (e-filing) within CPR PD 5B. It explains the reach and scope of electronic communication and email filing, identifies which messages and documents may appropriately be emailed to the court, and clearly outlines the technical requirements and parameters for transmitting emails and attachments to the court under CPR PD 5B. For broader guidance on filing at court more generally, see Practice Note: Filing documents at court in civil proceedings. Scope of electronic communication and email filing under CPR PD 5B CPR 5.5(1) states that a practice direction can provide for documents to be lodged or sent to the court through an electronic filing and case management system, or otherwise by other electronic means. CPR PD 5B sits alongside CPR 5.5 and permits parties in proceedings under the Civil Procedure Rules ( CPR) to...
What is compliance? The Civil Procedure Rules ( CPR) constitute a procedural code, the overriding objective of which is to enable the court to deal with cases justly and at proportionate cost ( CPR 1.1(1)). Compliance describes the requirement on parties to follow and observe those rules, the accompanying practice directions, and any applicable court orders. The courts possess power to enforce and secure compliance ( CPR 1.1(2)(g)), and a failure to comply can result in sanctions, with the defaulting party needing to apply for relief from sanctions ( CPR 3.8). In addition, court guides set out specific rules and guidance for each relevant court, in addition to what is provided for in the CPR. For further information on the various court guides, see the Practice Note: Court guides and other guidance. During the course of any litigation, both the court and the parties are...
Basis of the right to re-open a final determination of an appeal The authority to re-open a final decision was recognised in Taylor v Lawrence, which confirmed that the Court of Appeal retains a residual power to prevent real injustice in exceptional circumstances. The deployment of the Taylor v Lawrence jurisdiction is controlled by CPR 52.30 ( Helios Oryx v Trustco Group Holdings). The Court of Appeal has stressed that CPR 52.30 was enacted to confine, not broaden, the reach of the Taylor v Lawrence jurisdiction—only exceptional situations warranting the re-opening of an appeal, as illustrated by Taylor v Lawrence and later authorities, bring the rule into play ( Jaffray v Society of Lloyds; Ingenious Games v HMRC)......
This Practice Note reviews service of the claim form where a contract between the parties sets out an agreed method for serving court documents. It explains the requirements for service of the claim form under CPR 6.11. For guidance on: contractually agreed methods of service, see Practice Note: Contractually agreed methods of service methods of service in the jurisdiction, see Practice Note: Service in England and Wales—a guide for dispute resolution practitioners methods of service out of the jurisdiction, see Practice Note: Cross-border service—methods of effecting service The claim form— CPR 6.11 requirements CPR 6.11 addresses situations where the parties have contractually agreed a method of service or a place for service of the claim form. The following must be observed: Requirement: the claim must be solely in respect of that contract. Judgment: this was considered in Taberna Europe CDO II PLC v...
This Practice Note examines the mediator’s potential exposure for failing to uphold duties owed to the parties. It also identifies any applicable codes of conduct and reviews the mediator’s function across the mediation, including drafting any settlement terms. As a central figure in the process, the mediator must earn the parties’ trust and inspire confidence if the mediation is to succeed. For guidance on appointing a mediator, see Practice Note: Choosing a mediator. Basis of mediator liability—contract and/or negligence Typically, a mediation agreement will be in place, and the mediator may incur liability to the contracting parties for breach, subject to any contractual limits. Confidentiality clauses commonly appear in such agreements, and a breach by the mediator could give rise to liability. For assistance with preparing the mediation agreement, see Practice Note: Organising a mediation. For discussion of limiting the mediator’s liability, see:...
ARCHIVED : This Practice Note has been archived and is no longer maintained. From 1 October 2025, CPR PD 51O was revoked and superseded by CPR PD 5C. For guidance on CPR PD 5C, consult Practice Notes: How to use CE- File—from 1 October 2025 and When and where is CE- File applicable?—from 1 October 2025. Note: the CE- File pilot is scheduled to end on 1 November 2025. As of 1 October 2025, CPR PD 5C takes the place of CPR PD 51O and confirms CE- File as permanent. For direction on the new rules, including how CPR PD 5C differs from CPR PD 51O, see Practice Notes: How to use CE- File—from 1 October 2025 and When and where is CE- File applicable?—from 1 October 2025. This Practice Note offers assistance on construing and applying the pertinent provisions of the CPR....
This Practice Note This Practice Note explains the timing for accepting a Part 36 offer, the method of acceptance, when court permission is needed, and the route to securing that permission. It explains how to apply to obtain that permission from the court where required, in full. It also addresses if an offeree may take up a Part 36 offer subject to conditions, and whether acceptance can be expressed conditionally. For hands-on guidance on what to weigh when choosing to accept or decline a Part 36 offer, see: Part 36 offers—deciding whether to accept a Part 36 offer and Accepting a Part 36 offer—checklist. Note: An offeree may still accept a Part 36 offer despite an error in its terms by the offeror. However, the offeree should be mindful that the offeror might seek the court’s permission to retract the Part 36...
Overview Within civil litigation, defendants in personal injury matters most often rely on surveillance material. Its purpose is to expose any gap between the claimant’s asserted impairments following the index accident and reality. The Civil Procedure Rules ( CPR) contain no standalone rules for such material; a recording is treated as a document, so CPR 31 applies. There are three particular features of surveillance evidence that prompt specific considerations: surprise—its value lies in capturing the claimant carrying out activities when they have no expectation of being observed by, or for, the defendant; advance warning must accordingly be avoided secrecy—it is likewise crucial the claimant is not made aware that they are being watched; however, there are bounds to how far a defendant ought to go to obtain such material timing—its forensic force is in weakening the claimant’s case, so the...
Types of medical records Medical notes underpin any clinical negligence claim, making it crucial to obtain every relevant record in full. While broadly alike overall, the documents that exist and prove useful can vary significantly between GP files and hospital files. If overlapping papers appear in both GP and hospital sets, duplicate copies must be retained rather than removed. The following table outlines the various categories of records for ease of comparison later and subsequent review......
Recording and transcription of hearings CPR 39.9 prescribes the rules for recording and transcribing court proceedings, and states that: All hearings in the High Court and County Court are to be recorded on tape (as defined in CPR 2.3(1)) or by digital means, unless the judge directs otherwise. No person may operate unauthorised recording equipment in any court or in a judge’s room without the judge’s permission. Doing so amounts to contempt of court under section 9 of the Contempt of Court Act 1981 ( CCA 1981). In Albert Court ( Westminster) Management Co Ltd v Fetaimia, the court, acting under its inherent jurisdiction and/or CPR 25, confiscated a mobile phone during a hearing where it suspected an unauthorised recording had been made. For information on contempt of court, see: Contempt and...
This Practice Note offers direction on how to construe and apply the pertinent provisions of the CPR. According to the forum hearing your case, further requirements may arise—see: Court specific guidance, and take account of any such provisions as relevant. In particular, you should note that substantial elements of CPR 29/ CPR PD 29 (addressing case management and the case management conference ( CMC) on the multi-track) are disapplied in the Commercial Court (see CPR 58.13 and CPR PD 58, para 10.1), the Circuit Commercial Courts (see CPR 59.11 and CPR PD 59, para 7.1), and the Technology and Construction Court (see CPR 60.6 and CPR PD 60, para 10). For material concerning case management and the CMC in the Commercial Court and the Technology and Construction Court, consult the following Practice Notes: Commercial Court— Commercial Court—case management and...
This Practice Note provides guidance on drafting the defence It should be read alongside Practice Note: Drafting statements of case, which offers guidance on preparing statements of case generally, including formatting expectations, the requirement for a statement of truth, electronic filing of statements of case, and other matters relevant to all statements of case. This Practice Note explains the formal requirements for drafting a defence under the CPR. For practical guidance on the substantive content of the defence, see Practice Note: Drafting the defence—drafting tips. This Practice Note addresses only the drafting of a defence for a claim brought under CPR 7. In claims issued under CPR 8, there is no obligation to file a defence ( CPR 8.9). For more on claims commenced under CPR 8, see Practice Note: CPR Part 8 claims (alternative procedure for claims). For information on filing the...
Current court fees This Practice Note sets out details of the principal court fees payable for civil proceedings in the Court of Appeal, High Court and County Court, as prescribed by the Civil Proceedings Fees Order, SI 2008/1053, Sch 1 (as amended). The majority of court fees for civil matters are contained in the Civil Proceedings Fees Order, SI 2008/1053, Sch 1, which is updated whenever any of the Schedule 1 fees are altered. Certain civil proceedings fees are prescribed in other legislation, including Supreme Court fees—see Practice Note: Supreme Court—costs, fees and funding—on or after 2 December 2024. A comprehensive list of the fees payable in civil proceedings is available on GOV. UK— Fees in the Civil and Family Courts—full list ( EX50A). A selection of the principal fees payable in civil proceedings is also set out on GOV. UK— Civil court fees (...
This Practice Note explores the aim of Part 36, explains what constitutes a Part 36 offer, and outlines the motivations for proposing one. It further supplies guidance on requesting clarification of a Part 36 offer and sets out the costs repercussions for both claimants and defendants when making and accepting Part 36 offers. Note that this Practice Note addresses the rules currently in force after 1 October 2023. For details of specific provisions in place before 1 October 2023 for Part 36 offers in fixed costs matters, see Practice Note: Part 36 offers—fixed costs (position prior to 1 October 2023). For guidance on Part 36 offers in civil claims that fall within the fixed costs regime on or after 1 October 2023, see Practice Note: Part 36 offers—fixed costs (position on or after 1 October 2023). The purpose of Part 36...
This Practice Note addresses and answers common questions about the Electronic Documents Questionnaire ( EDQ) (also known as the E-documents questionnaire). It should be read in conjunction with Practice Note: Electronic disclosure— Electronic Documents Questionnaire ( EDQ). Note: this Practice Note does not deal with the provisions of the disclosure scheme operating in the Business and Property Courts. In the majority of such cases, electronic disclosure must be provided, though particular rules govern how it is handled and searched for. For guidance on electronic disclosure in such circumstances, see: Disclosure Scheme ( Business & Property Courts)—overview. When should I first look at the Electronic Documents Questionnaire ( EDQ)? In a case not subject to the disclosure scheme, consider EDQ as soon as you are instructed......
Practice Note This Practice Note assists with identifying the applicable law in the courts of England and Wales for events causing damage that occurred on or after 1 January 2021, and is intended for matters arising in respect of such incidents. Please note that, where a conflict of laws arises between different jurisdictions within the UK, or between the UK and Gibraltar, Assimilated Rome II ( UK Rome II) is used if the harmful event took place on or after 11 January 2009. For events falling outside these periods, the UK courts will apply an alternative applicable law regime, determined by the date when the event happened. For an overview of the various regimes and how they relate to one another, see Practice Note: Applicable law regimes. This Practice Note reviews the provisions of UK Rome II, Regulation ( EC) 864/2007 concerning the law...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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